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Employer Lying About Shifts, Giving Unwanted Overtime and More

Echo41
Echo41 Posts: 4 Newbie
edited 23 July 2016 pm31 5:16PM in Employment, jobseeking & training
So I'm currently a month and a half into my probationary period at one of the biggest retail chains in the country, as a Home Shopping Delivery Driver and I'm not sure if any of my workers rights are being infringed. Let me elaborate.

Basically, I'm concerned that I'm being given overtime and not knowing it. I'm contracted to work Saturday through to Tuesday and get Wednesday, Thursday, Friday off but since getting my shift pattern, after working 6 days a week for a month (for "training"), I've started getting phone calls during my days off claiming that I'm rota'd in to work, when I know i haven't been because I've checked the rota a few days prior.

When I question the legitimacy of the claim, they just say its been rota'd in for 3 weeks. When I'm calling in on my day off, I'm not given an appropriate amount of time (half an hour, maybe 45 minutes at the most) and often get to work and start my shift, exhausted. My contract states that I'm contracted to work "28 but could be more". Where do I stand in this regard? Can I refuse to work when they ring or do I have to do the work?

I'm considering asking for a copy of each weeks rota and working exclusively off the copy that I've been given. Is that the best option?

Any advice would be appreciated because it's either this or having a word with the Personnel Manager at work but that comes at a risk of people talking and it trickling back to the people that're the problem.

Comments

  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    Avoid HR, they're not the solution to your problem.

    If you've been "rota'd in for three weeks", that suggests there is ample opportunity for you to obtain a copy of your rota well in advance (perhaps use your phones camera in addition to any supplied copy).

    When away from work don't answer their number or turn your phone off.
    Don’t be a can’t, be a can.
  • bugslet
    bugslet Posts: 6,874 Forumite
    edited 23 July 2016 pm31 5:29PM
    I've no idea about your main question, but your working hours may be illegal. As a van driver you should adhere to British Domestic rules. I deal with trucks so we are on EU rules and we couldn't work 6 days a week for a month.

    For anyone about to say but you run vans, bugs. We do, but mixed van and 7.5 which puts the drivers into EU regs.

    Edit: just looked myself, apparently you only have to have one 24 hour period a fortnight off, so seems as if it's legal.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Echo41 wrote: »
    My contract states that I'm contracted to work "28 but could be more". .

    I am going to assume that is 28 hours but could be more. In other words, you can be called on to work more than 28 hours, and that is what your contract says. So provided they adhere to the relevant laws on working time, driving and opt-outs, then it is "more", not overtime.

    You've been there six weeks. Complain and you won't hit eight weeks. This is what your contract says, it is what you agreed to; and your rights, such as they are, have not been infringed. What is on the rota is irrelevant - if they wish to call you in, subject to the legal proviso's above, they can.
  • jobbingmusician
    jobbingmusician Posts: 20,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Take a photo of the rota so you have a record of what it says, and whether it has been changed. Do this every day, if necessary!
    Ex board guide. Signature now changed (if you know, you know).
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    Take a photo of the rota so you have a record of what it says, and whether it has been changed.


    ohreally wrote: »
    (perhaps use your phones camera in addition to any supplied copy).

    ..........
    Don’t be a can’t, be a can.
  • Xbigman
    Xbigman Posts: 3,906 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Be aware that many companies don't allow you to take photographs on company property. You might want to check that first.




    Darren
    Xbigman's guide to a happy life.

    Eat properly
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  • Hello everyone, thank you for the replies. By the sounds of it, I don't have a leg to stand on.

    I've taken a picture of the rota hours and continuously check them for changes. I've seen no changes in the rota, or the days I work, since being there but still being made to go in and do shifts I'm supposedly rota'd in to do. I'm giving asking for a copy of the weeks rota some serious consideration at this point.

    Just to clear up any confusion, I'm contracted for 28 hours but currently working anywhere between 7-9 hours over 4 days, so in the 33 hour ballpark. I think I'll just start ignoring the phone when they ring because they do it with everyone by all accounts.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Goodness, I though you were working loads more hours than that from the way you put it. You are talking about five hours and not even yet at full-time hours.

    I would strongly suggest that you give serious consideration to whether you want this job to continue. Being inflexible and not co-operative isn't the way to retain your employment, and you have a very long way to go before you have two years under your belt.
  • ab1982
    ab1982 Posts: 431 Forumite
    Why dont you speak to the person who does the rota? Explain that youre new and you keep getting told you have got the shift patterns wrong and ask for help. Being the new kid maybe youre misreading it.

    Everyone likes to talk so they will either show you why youre doing something wrong or confirm your suspicions that youre being stitched up.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    OK a bit of speculations.

    The rota is set up in advance based on a we will need at least this many drivers.

    As the days get closer the number of drivers needed is more accurate and always more then the original rota(don't want people scheduled and have to pay them) so the duty person calls around to get people to come in(may also be cover for any that don't turn up).


    That might be wrong but the important thing is to work out why they are calling people on their days off, understand why it is happening and you can work with the system not against, it if they need cover often then communicate your availability to those that are making the calls.

    Going totally off grid(not answering calls) on all your days off might not go down well but, being away on your 3 days off is not unreasonable so needs more communication.

    You could also preempt the calls by saying if you need someone Friday give me a call I am not doing anything but busy Thurs.
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